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(영문) 부산고등법원 2016.04.27 2015나55519
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reason why the court should explain this case is that "this court" is "court of the first instance," "witness" in the second part of the second part, which is the ground for recognition of the third part of the judgment of the first instance, and "witnessness" in the fifth part, "witnessnessness" in the fifth part, "witnessness of the first instance court," and the new argument that the defendant has reached this court is the same as the entry of the reason for the judgment of the first instance except for the addition of the judgment as follows. Thus, it is

2. On February 5, 2014, the Defendant asserts that, in preparing the instant notarial deed, E was released from office as the representative director of the Defendant, the date of preparation was retroactively prepared on March 21, 2012.

However, this assertion is inconsistent with the confession that the defendant prepared the loan certificate of this case while E in the court of first instance as representative director.

Although the defendant asserts that the confession is revoked by the delivery of the statement of grounds for appeal, there is no evidence to acknowledge that the confession is contrary to the truth and due to mistake.

Therefore, this part of the defendant's assertion is without merit.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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